IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO. 1880 OF 2022 (C. R. NO. 1020 OF 2022) (CNR NO.MHCC05­006257­2022)

Mahesh Damodar Mundra
Age – 43 years, Occ : Business, Residing at : Flat No. 1002, Valentine Tower, Behind Riddhi Garden, Pimparipada, Malad (East), Mumbai – 400 097. … Applicant/Accused

V/s.

The State of Maharashtra (Through Kurar Police Station, Mumbai) ….Respondent

Ld. Advocate Mr. Kshitish Shukla for the Applicant/Accused.

Ld. APP Mr. R. C. Savle for The State.

Ld Advocate Mr. Dhananjay Shukla for the intervener.

CORAM: H.H.THE ADDITIONAL SESSIONS JUDGE SHRI. SHRIKANT Y. BHOSALE (C.R.NO.13) DATE : 15TH DECEMBER, 2022

O R D E R

In anticipation of arrest in C.R.No. 1020/2022 registered with Kurar Police station U/s. 451, 34 of IPC , and by way of this application applicant is requesting for pre­arrest bail.

2. Prosecution vide say Exh. 2 and intervener by his application Exh. 3 registered the application.

3. Heard Ld Advocate Mr. Kshitish Shukla for the applicant, Ld APP Mr. R. C. Salve for prosecution and Ld Advocate Mr. Dhananjay Shukla for the intervener.

4.Before commencing the argument Ld. APP pointed out that section 451 of The IPC is bailable unless there is allegation of theft by house trace­pass. He therefore, requested to ask the applicant to satisfy how the application is maintainable.

5.Ld. Adv. for the applicant then submit that section 451 has two part, if house trace­pass is coupled with theft, then the offence is cognizable and non­bailable. However, if the prosecution has cleared that the allegation against the present applicant is not of theft coupled with tress­pass, then he requests to dispose of application by quoting the argument of the prosecution.

6.If the prosecution has cleared that the allegation against the present applicant is not of house tress­pass, coupled with theft, the alleged offence under section 451 is punishable up to two years and is bailable, therefore, the present application under section 438 for anticipatory bail is not maintainable. Hence, the order.

ORDER

Anticipatory Bail Application No. 1880 of 2022 stands disposed of as not maintainable.

(Dictated and pronounced in presence of Ld. Advocate for Applicant & Ld. APP)

Digitally signed by Shrikant Yashwantrao Bhosale Date: 2022.12.17 15:22:35 +0530 Date: 15.12.2022 (Shrikant Y. Bhosale) The Addl. Sessions Judge City Civil & Sessions Court, Borivali Division, Dindoshi. Dictated on : 15.12.2022 Transcribed on : 15.12.2022 Checked & corrected on : 16.12.2022 Signed on : 16.12.2022 Sent to Dept. on : CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” Date : 17/12/2022 Ms. Tejal C. Rane Time : 3.20 P.M. (Stenographer Grade­I) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court room no.) HHJ S. Y. BHOSALE (Court Room No.13) Date of Pronouncement of 15.12.2022 JUDGMENT/ORDER JUDGMENT/ORDER signed by P.O. on 16.12.2022 JUDGMENT/ORDER uploaded on 17.12.2022

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